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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Right of Occupancy

    My question involves divorce in the State of: OK

    I actually have two questions. First, my divorce decree is not final and we have a temporary order until that date. I was awarded right of occupancy to the home where I am currently residing. It states in the provisions that if the home is not sold by a certain date then the petitioner (which is me) is authorized to list it with a realtor. Does that mean that I am the only one that can do that and I can choose not to do so?

    Also, since I was awarded right of occupancy, does that give me the authority to change the locks on the house or do I have to leave everything alone? Any help would be greatly appreciated.

    Thanks!!!

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Right of Occupancy

    Quote Quoting dubya0676
    View Post
    My question involves divorce in the State of: OK

    I actually have two questions. First, my divorce decree is not final and we have a temporary order until that date. I was awarded right of occupancy to the home where I am currently residing. It states in the provisions that if the home is not sold by a certain date then the petitioner (which is me) is authorized to list it with a realtor. Does that mean that I am the only one that can do that and I can choose not to do so?
    No. If the decree states that your ex MUST list the home (i.e. not sold by XXX) then so must you. If your ex chooses not to do so, s/he is in contempt. If it does not sell and you choose not to list it, then you in contempt.

    Also, since I was awarded right of occupancy, does that give me the authority to change the locks on the house or do I have to leave everything alone? Any help would be greatly appreciated.
    No. Changing the locks might prevent the other party (ex) from access to the dwelling which would definitely place you in violation of the order. You and your ex BOTH have the right to occupancy and thus cannot bar one another from access. At least based on what you've posted.

    Since we don't have privy to your decree, you need to run all of this by your attorney before you do anything that could place you in jeopardy of contempt.

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